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INC Law
INC Law, Solicitor-Advocate
Category: Law
Satisfied Customers: 15802
Experience:  LL.B, LPC, LL.M, Pg.Dip, Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Have received demand for payment x3 years ground rent plus

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Have received demand for payment x3 years ground rent plus interest,this is the first time I have been contacted by the freeholder,should he not bill me each year,no problem with the ground rent,but of course an extra £ 492 collection charge
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I WAS going to pay the ground rent plus interest,and inform them that the extra charge was disputeable
JA: Where is the property located?
Customer: S71 1EZ BARNSLEY
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: This is the first time I have been contacted for ground rent though have paid service charges to the company acting for freeholder for 2 years

Hi,

Thank you for your query.

I am a Solicitor-Advocate in the UK and will be assisting you with your question today.

The Limitation Act 1980 states that the ‘limitation period’ for recovery of ground rent is six years.  This means that if ground rent hasn’t been paid in the past the Landlord can look to recover backdated ground rent going back for a period of 6 years.

Service charges differ; the Landlord must demand any service charge for retrospective expense within 18 months of that expenditure being incurred. In other words, if your Landlord incurs some expense in providing the services under the lease and wants to get it back from you, it can’t ask you for service charge sums to cover that expense once 18 months have passed.

I hope this answers your questions. If you have any further questions, please so not hesitate to ask.

Many thanks,

INC Law and other Law Specialists are ready to help you
Customer: replied 11 days ago.
The ground rent is obviously payable now ,is the recovery fee disputable or should I just pay and forget the hassle

Hi,

I accepted your call request but was unable to reach you.

You can argue the recovery fee, however, if notification has previusly been provided but the fee not paid, I am of the opinion it will not be waived.  If no previous notofcation was provided, it can be argued.

I hope this answers your question. If you have any further questions, please do not hesitate to ask.

Many thanks,

Customer: replied 11 days ago.
Thanks that answers my question

It is a pleasure.

Good luck!

We have now spoken.

Good luck!